International arbitration allows international business persons from different legal backgrounds to amicably solve their grievances. Parties to a contractual agreement or in an international relationship seek an impartial party who carries out the adjudicatory process. The resolution by the arbitrators is usually binding and carries a provision of arbitration in future contractual disputes. International Arbitration has over the last half century gained popularity because of the expeditious nature of the method. Businesses and international traders prefer international arbitration to the domestic legal process. A dispute would usually be handled under the judicial system under which the dispute occurred. Resolving Continue reading...
Court Case Studies Samples For Students
Good Legal Brief Case Study Example
Facts of the case: The petitioner in this case, Mr Albert Florence, was arrested on charges of obstruction of justice and use of a deadly weapon. He was eventually sentenced to pay a fine in installments of a certain amount. After he defaulted on these payments, the authorities issued a bench warrant for his arrest. Due to a mistake in the system, however, this warrant was not removed from a statewide computer database. As a result, two years later he was arrested by an officer and brought to the Burlington County Detention Center. After spending six days in detention Continue reading...
Sample Case Study On Rule
Jorge Luis Machuca Gonzalez et al. v. Chrysler Corporation et al.
Jorge Luis Machuca Gonzalez et al. v. Chrysler Corporation et al.
Does the cap on tort recovery damages imposed by Mexican law render Mexico an inadequate forum for resolving a tort suit by a Mexican citizen against an American manufacturer and an American airbag designer?
There are four consideration for the court to take into account when determining a case of forum non conveniens. The first factor is whether an alternative forum is available. In making its determination of whether an alternative forum is available, the court will Continue reading...
Legal Brief Case Study Examples
Legal Brief is a written procedural argument of the case in court of law. It outlines court orders during a case in a manner that is easy to understand. Legal Brief is categorized into Appellate Brief and Student Brief according to state laws (Tomkovicz & White, 2012, p.23). Appellate Brief contains records of court proceedings of the case in an Appellate Court while Student Brief is a short analysis of case proceedings that is used for the purpose of learning. In this case, we are going to consider the Student Brief for the purpose of analysis of the case of Continue reading...
Good Case Study About Sei Fujii V. State Of California
IRAC: Sei Fujii v State of California
Whether or not, the UN Charter has the effect of invalidating the California Alien Land Law, which prohibited aliens not eligible for citizenship from owning lands.
The signatories to the UN Charter commit themselves to foster world peace by promoting tolerance, respect for treaties and other international laws and universal freedoms, which they will do jointly and on their own to achieve those ends.
The UN Charter does not have the effect of invalidating the Alien Land Law because they are not self-executing. This is evident by the absence of mandatory nature of the language used. Rather, the Continue reading...
Example Of Otiz V. ST. Peter's Case Study
The Oltz v. St. Peter’s Community Hospital
The Oltz v. St. Peter’s Community Hospital
Anti-trust laws or statutes are of fundamental importance to the health sector, as they influence existing health care entities in several ways. Influence is significant in factors such as how the health care entities grow and expand, especially regarding their relations with medical providers and suppliers and in their own individual or group interaction. Anti-trust statutes, as found under the United States anti-trust law, pertain to a collection of both state and federal government laws that are crucial in regulating the overall organization Continue reading...
Facts Of The Case Case Studies Example
Gideon v. Wainwright - 372 U.S. 335 (1963)
Gideon v. Wainwright - 372 U.S. 335 (1963)
Clarence Earl Gideon was accused with breaking and entering in order to commit a petty larceny – the crime which is qualified as a felony pursuant to the Florida law. As Gideon appeared in court, he announced that he would not be able to afford legal representation of a counsel thus asking the judge to appoint an attorney at the state`s expense. The judge denied defendant`s motion on the grounds, that under the Florida law the state can appoint a counsel for Continue reading...
Free Case Study On Town Of Castle Rock V. Gonzales
Town of Castle Rock v. Gonzales, 125 S. Ct. 2796 (2005)
Type of Action
The type of action in this case was in issue.
Facts of the Case
Jessica Gonzales the plaintiff in the case was a woman who had undergone some form of Separation. She and her husband were estranged and she managed to get a restraining order to keep her violent estranged husband away from her. The husband managed to disobey the restraining order and when she went to the police station complaining that her husband was violating the restraining order that had been issued by the court. One time, Continue reading...
Free Legal Analysis Memorandum Case Study Sample
The issues in the following case are:
Whether the search conducted by the police officers violated a provision of the Fourth Amendment to the United States Constitution regarding a protection from unreasonable searches and seizures.
Did Mr. Blake had a reasonable expectation of privacy when he was residing at Mr. Smith`s household?
Could the evidence (drugs and guns) be considered admissible in a court of law?
The Fourth Amendment to the United States Constitution provides protection against unlawful search and seizure of persons and their property. The provisions of the amendment clearly state that search and seizure shall be conducted with the presence of a warrant that particularly describes the places and/or things Continue reading...
Relevant Facts Case Study Sample
In the Supreme Court of US two states, Rhode Island and Massachusetts had disputes over boundaries. The latter claimed ownership for more than two decades, but later, the former challenged the ownership in the Court of Law. In 1962, the State of Massachusetts was supposed to own the territory, which stretched three miles along Charles River in the south. One year later, Rhode Island received a grant bounded by the same river, but to the southern line of Massachusetts boundary. Failure to issue an express order of the crown was because no one expected the boundary to lead to Continue reading...
Good Example Of US Case Law Review Case Study
Missouri vs. Seibert
The petitioner was a woman named Seibert. She was charged and convicted of second-degree murder for her alleged involvement in the death of a 17-year-old handicapped boy. Seibert son who had died earlier and to conceal evidence of parental negligence, she colluded with her other son to set her house of fire. She realized that if only her son’s body was found in the charred house, this would also suggest neglectful parenting and so, a decision was made to leave the 17 years old boy in the house too. The police became suspicious of her involvement and picked Continue reading...
Dollree Mapp V. State Of Ohio Case Study Samples
Brief of Mapp v. Ohio (1961)
Decided June 19, 1961
Character of Action
The case of Dollree Mapp v. State of Ohio (henceforth Mapp v. Ohio) was brought before the Supreme Court of the United States in March of 1961. The case was brought before the Supreme Court after an incident with local law enforcement and a search of Mapp’s home. The defendant was initially convicted in the Cuyahoga County Ohio Court of Common Pleas. The conviction was later affirmed by the Ohio Court of Appeals, and after the affirmation by the Court of Appeals in Ohio, Continue reading...
Type Of Action Case Study Examples
A civil suit brought for violation of Title VII of the Age Discrimination in Employment Act (ADEA) and constructive discharge in violation of the Employee Retirement Income Security Act (ERISA).
Facts of the Case:
Andrew Terry, the plaintiff, is a white male who began working for the INS (Immigration and Naturalization Service) in New York as a Special Agent in 1976 aged 30. When he was over 40 years old, he was not selected for a vacant position of supervisory criminal investigator. He was not even on the “Best Qualified List” (BQL), even though he had 17 years experience compared with the younger Continue reading...
Case Study On Court Ruling
EEOC v. Watkins Motor Line Inc.,
The nexus between human resource management and the law lies in the fact that employers and employees must observe the law. In addition, the law steps in to protect the rights of the employees who invariably are the weaker parties in the employment relationship. In this paper, consideration is placed on the application of the Americans with Disabilities Act.
The case essentially turns on the interpretation of the anti-discrimination provisions under the Americans with Disabilities Act. It involves a worker, who previously served as a driver or dockworker. During his employment, he served Continue reading...
Free Case Study On Mayfair LTD., Which Makes Decorative Picture Frames, Makes An Agreement With Speedymove
Mayfair Ltd. would be obligated to pay Speedymove the increased price of £8,000 because the modification made to the contract was valid.
A binding contract is created through the process of mutual assent (offer and acceptance) and consideration, definiteness, and when no valid defenses or excuses to contract exist. In this case, both parties appear to agree that a valid contract was formed and existed to deliver 150 frames for an exhibition at the price of 6,000, 25 frames at a time over a period of six weeks, although the fact pattern does not specify whether the Continue reading...
Free Case Study On US Supreme Court Case
U. S. Supreme Court case
The United States Supreme Court was established according to Article III of the Constitution of the United States in 1789. It is the highest federal court in the United States and has the final, decisive decision along with its appellate jurisdiction over all state and federal courts. The Supreme Court of the United States is invoked to observe the U. S. Constitution and the Amendments to it.
A flamboyant example and a landmark about the role of the U. S. Supreme Court (Supreme Court) is Miranda v. Arizona (384 U. S. 436 (1966) case. Continue reading...
Facts Case Studies Examples
United States v Williams, 553 U.S. 285 (2008)
A Secret Service agent engaged the defendant in an internet chat room after the latter posted a teasing message that hinted involvement of child pornography. The defendant also attached an uplink that showed children in sexually explicit poses. His house was searched revealing hard drives with images of children in sexually explicit conduct. He was charged with pandering under §2252(A)(a)(3)(B) and child pornography under §2252(A)(a)(5)(B) and convicted by the federal court, but the Court of Appeals reversed the conviction of the first crime Continue reading...
Example Of Facts Case Study
Fraud is a common problem in the contemporary legal landscape. Most evident after the fact, it is one of the primary causes of the 2007-2008 financial crisis, sending the country into a recession not seen before since the Great Depression. And yet, there are regulations and regulatory bodies in place that are tasked with eliminating the practice of fraud in the financial sector. In particular, the Securities and Exchange Commission is tasked with the prosecution and enforcement of suits against fraudulent traders. The present case is fertile ground for discussion in this regard, dealing directly with the phenomenon of Continue reading...
Marriage Of Jamie Michelle Clark V Andrew Clark 2014 OK Civ App 82 Case Studies Example
Business Law Case Study
Was the appellant to compensation from the year 2009 up to 2011?
Oklahoma law provide for compensation but factors such as waiver and laches can defeat compensation claims .In this case, the appellant waived this right by prohibiting the appellant from exercising his parental duties over the child.
In deciding this case, the court addressed two issues. The act of remitting of maintenance by the appellee. The court noted that the appellant paid the maintenance for the child from the year 2002 to the 2009 despite the appellant claiming that there was no child during their marriage Continue reading...
Sample Case Study On Dream Walkin Farms, Inc V James Metzger 2014 OK Civ App 70
Business Law Case Study - Case No. 110,936
Was the appellant entitled to the payment of ``attorney fees and costs” by the appellee after accepting his offer ``judgment”?
American rule offers the guidelines in regard to compensations of ``attorney fees and costs” arising out a case .The rule states that a plaintiff should be compensation for the costs and ```attorney fees” incurred irrespective of accepting an offer`` judgment” from the defendant.
Finnel v Seismic was applied by the appellate court to determine the issue presented by this case. American rule is the basis of reasoning in Oklahoma when dealing with matters dealing with compensation Continue reading...
Rule Case Study Example
Business Law Case Study - Case No. 112,063
1.Was the appellee entitled to a reimbursement of the maintenance costs he had paid to the children welfare?
2.Did the trial court have the authority to modify an administrative order?
Oklahoma Laws provides that a trial court has the authority to amend an order that it has made if new fats that warrant its amendment are discovered during the hearing of the case.
The appellate court addressed the issue regarding absence of a hearing notice .The court stated that if the appellee had been served, he would have the opportunity to present his argument that he was not Continue reading...
Don Yawn Case Study
A contract is either forceable or unenforceable.For it to be enforceable and valid, it has to meet certain elements: offer, intention to create legal relations, acceptance, and consideration (Beale, 2002). Without any of these elements, the courts will not enforce the contract. However, several reasons ensure that a contract cannot be enforced: duress, misrepresentation, unfair terms and undue influence. In the facts given, each person has their merits, strengths and weaknesses. To analyze the position Steve is in and whether he stands to win any legal action brought against, each case will be analyzed separately, giving the merits Continue reading...
Example Of Purton Vs. Marriott Case Study
The defendant Landri consumed alcoholic drinks in a party organized by his employer Marriott International. The employee drove safely to his residence but was involved in a ``tragic accident” that resulted to the death of Dr. Purton.
The plaintiff’s family sued the company demanding that he is responsible for the harm caused by Landri his employee. The company argued that it was not liable because Landri committed the accident after arriving at his residence and sought for summary judgment. The trial court ruled against Purton’s family and they appealed to the appellate court.
The appellate court ruled Continue reading...
Good Law Case Study Example
The court applies the provisions of the industrial law in reaching the opinions and judgments reached in this set of cases. There are certain important definitions and terminologies used by the court in reaching the opinions hence the courts evaluates them comprehensively to determine the direction of the case in relation to the plaintiff and the defendant. An example of such terms is major changes. In the matter of Kevin Lane, Aleksander Argirov, and James Koehn versus Arrowcrest Group PTY LTD, the court comes to several conclusions based on the facts availed in each instance. The company Continue reading...
Good Example Of Case Study On Olsons Grounds Were The Facts That The Votes Were Recounted Unevenly Under Different
A case brief of Bush v. Gore (2000)
The case of George W. Bush, et al v. Albert Gore, Jr., et al (531 U. S. 98, 121 S. Ct. 525), familiar as Bush v. Gore was a disputable one, and was heard on December 11, 2000. The case determined the results of the presidential election in 2000. By court’s order (7-2), the ballot recount that was conducted in certain counties in Florida, was stopped due to the absence of approved standards. The Court declared (in 5 – 2 vote) that there was no sufficient time for establishment of new Continue reading...
U.S. Supreme Case Of Shelby County V Holder Case Study Samples
(Name of Professor)
U.S. Supreme Case of Shelby County v Holder
Shelby County v Holder is a landmark case involving the Supreme Court ruling declaring the provisions of the Voting Rights Act of 1965, particularly sections 5 and 4 (b), as unconstitutional. Section 5 of the said Act requires the local government to get a pre-clearance from the US Attorney General or three judges acting as a panel of the US District Court in Columbia prior to changing the laws on voting to ensure that the new law will not result in the denial of the right to Continue reading...
Case Study On Ruling
In 2001, American military forces in Afghanistan arrested American Yaser Hamdi. US military officials charged Hamdi with collaborating with the Taliban and subsequently termed as an “enemy combatant,” and detained to a military detention facility in Virginia. Virginia-based lawyer Frank Dunham filed a motion for habeas corpus for Hamdi in Federal court, initially for his own and then on behalf of Hamdi’s father.
In Dunham’s motion to declare Hamdi’s detention unconstitutional, Dunham argued that Hamdi’s “right to due process” as enshrined in the Fifth Amendment by detaining him sine die and not allowing Hamdi Continue reading...
Expert Evidence Case Studies Example
Forensic Evidence 1: Kumho Tire Co. V. Carmichael, 526 U.S. 137 (1999)Facts
Patrick Carmichael was driving his minivan on July 6, 1993 when its right rare tire burst was causing the van to turn over. As a result, one passenger died, and several others sustained injuries. Carmichael, enjoined by the survivors and the deceased’s representatives, instituted an action against the tire manufacturer and distributor. They claimed that the accident was caused by a fault in the tire. The claimant’s case by and large relied on the expert opinion of a tire failure analyst. According to the Continue reading...
Free The Decision Of The Initial Courts Case Study Example
This essay highlights the facts of the case of IBP, Inc v Alvarez in the peer review. It outlines the decision of the initial court and further displays the other decisions in the subsequent courts. It also addresses the principles underlined in the cases outlined. The introduction deals with the facts of the case and the rest of the ideas are discussed in the subsequent sections of the essay.Facts of the case.
The case of IBP, Inc v Alvarez, the employees sued Barber Food and IBP in two separate cases. The suit was brought before the federal district court. Continue reading...
Good Discussing Criminal Law Case Study Example
In law, there is a provision for a peremptory challenge. Under this provision, attorneys have the discretion to select a jury or reject them even without stating the reasons as to why they do so. Presiding judges have the duty of deciding whether the peremptory challenge is accepted or not. In most cases, such challenges are as a result of a party to a case having a reason to think that engaging some jurors would result in an unfair verdict. When both parties to a case have an agreement as to the composition of the jury, there are high Continue reading...
Holland And Co LLP Case Study
Re: Lola’s Boutique
The following are the findings and answers to the questions you requested tackled in your memo. These findings were made after a scrutiny of the emails, between Lola Styne and Liam Mills:
1. At what point does Lola make an offer to Liam and what importance, if any, is the advertisement placed in the newspaper?
Lola officially made an offer to Liam Mills in her email dated 17 September 2014. Lola’s email meets the definition and requisite elements of an offer. An offer is a definite promise that bounds the offeror to the offeree once the latter Continue reading...
Free Mid Term Exam Case Study Sample
Section I. Circle the letter of the most appropriate answer.
1. In Griswold v. Connecticut the Supreme Court found that Connecticut’s statute, which banned contraceptives, violated a freedom expressly protected by which of the first ten amendments of the Constitution of the United States:
a. The First Amendment.
b. The Fifth Amendment.
c. The Fourth Amendment.
d. None of the above.
2. “Substantive due process” refers to those procedures:
a. that are expressly enumerated within the four corners of the United States Constitution.
b. that are not expressly enumerated by the Constitution but held to be essential to Continue reading...
Good Example Of Case Study On Criminal Law
Minnesota v. Carter525 U.S. 83 (1998)
This was a case against a man called Carter. It was a case that was argued and also decided in the year 1998 by the supreme court of Minnesota. The case involved a police officer finding out Carter together with John's activities that involved packaging of drugs, to be specific cocaine. The police officer found this out by peeping through a gap on the window of the apartment Carter, and John were at the time. They were arrested by the officer, charged and convicted with offenses involving drugs. However, a particular issue arose Continue reading...
Good Example Of Case Study On Brief Case
Bush, et.al. vs Gore, et.al.
531 U.S. 98
FACTS : In 2008, the lower court in the State of Florida ordered for the manual counting of votes during the recently concluded Presidential election participated by George W. Bush and Al Gore. Bush won but only a few votes over Gore. Because of this, an automatic recounting of votes was set. The Secretary of State issue a deadline as far as the recount was concerned. The Florida Supreme Court extended the deadline from November 14 to November 26. In the counting, the lower court order that a total of 383 Continue reading...
Case Study On A About Falstaff Brewing Corporation
On the 28th of February 1973, the Supreme Court released its 5-2 decision declaring the case of United States v. Falstaff Brewing Corporation must be remanded and reversed and supporting the law as constitutional. The verdict rested on the authority of the court over statutory construction. It was determined by the court’s opinion and was liberal in respect. The court conducted a review of the case through appeal and heard the case on the 17th of October 1972. The case started in the US District Court in Rhode Island and was heard straight from that court Continue reading...
Sample Case Study On Federal Trade Commission V. Morton Salt Co. , 334 U.S. 37 (1948)
Federal Trade Commission V. Morton Salt Co. 334 U.S. 37 (1948)
Question One: Abstract
The Federal Trade Commission v. Morton Salt Cocase is a US antitrust landmark case. The respondent, a salt manufacturer, sold one of its brands on a standard discount system under which only few large-scale firms qualified. The Commission then issued a cease and desist order against the respondents herein having found them liable in price discrimination contrary to section 2 of the Clayton Act as amended by the Robinson-Patman Act. The respondent petitioned to the Circuit court of Appeal which quashed the Commission’s decision. Thereafter, the Commission Continue reading...
Good Case Study About Legal Research And Writing
CALIFORNIA CIRCUIT COURT
Civil Action No. 35 of 2014
IN THE MATTER OF; THE CUSTODY OF CHASTITY
SALLY BRIGHT. PETITIONER
JOHN BRIGHT .. RESPONDENT
Comes Sally Bright, by counsel and in her Memorandum she states as follows:
The petitioner was married to the respondent and later separated due to marital difficulties. Later, the petitioner filed a divorce petition and the court granted her temporary custody of their daughter. However, the court granted the respondent weekly visitation a right in regard to their child .The issue is that the respondent wants custody of the child.
A.SHOULD THE PETITIONER BE GRANTED CUSTODY OF THE CHILD?
California family code 320-322 provides that the judge should consider the interests of the child in Continue reading...
Good Example Of Relevant Facts Case Study
Katz v. United States (1967)
In 1967, the security agents, FBI arrested Katz and charged him for conducting illicit gambling activities from California to Boston and Miami. The FBI placed a listening and recording gadget on the telephone booth and listened to Katz illegal conversation. In the Southern District Court found Katz guilty and sentenced him. The defendant appealed against the case, but the court of Appeal affirmed the charges. Katz appealed for his case to be ruled by the Supreme Court.
The issue, which Katz seeks a review of the ruling is the government has no right to Continue reading...
Example Of Kenneth Ravenel V. Frederick L. Burnett Case Study
Kenneth Ravenel v. Fredrick L. Burnett (Case study)
Kenneth Ravenel v. Fredrick L. Burnett (Case study)
Under the field of criminal law, the case, Kenneth RAVENEL v. Fredrick L. BURNETT , September 26, 2008, under the Court of Civil Appeals of Alabama, exemplifies conflict resolution. As an example, it entailed the requisite steps in which conflict may be resolved, in addition to the practicability of their applications. The case in point pertained to the claim by Burnett that Ravenel had threatened him with malicious harm, because of suspecting the former of being in an affair with his wife. With Continue reading...
Example Of What Are Some Family Law Issues That Are Of Concern In The Gobble Case Case Study
Family law deals with matters related to domestic and family relations. The case of GOBBLE v. STATE of Alabama is one case that attracted lots of attention due to the many family related issues that surrounds the death of Phoenix Parrish who was only four month old. The mystery surrounding the death of the son remains unsolved despite the ruling by the circuit court. Any court with an appellate jurisdiction finds it unnecessary to rewind the decision of the circuit court as it is evident that the defendant unwillingly contributed to the termination of an innocent life of a Continue reading...